Category Archives: Foreclosure Derfense

Let The Fraud Continue

Banks Continue ‘Robo-Signing’ Foreclosure Practices In Spite Of

Promises To Contrary: Investigation

NEW YORK/IMMOKALEE (Scot J. Paltrow) – America’s leading mortgage lenders vowed in March to end the dubious foreclosure practices that caused a bruising scandal last year.

But a Reuters investigation finds that many are still taking the same shortcuts they promised to shun, from sketchy paperwork to the use of “robo-signers.”

That is the headline in the Huff Post Business section yesterday, September 20th.

Remember that the banks promised to not do that any more?  Of course they did but that promise can be added to the other 3 promises one should never believe.

Imagine, a promise made by organizations that have exhibited no moral conviction, no human compassion and certainly no concern for the economies of the entire world.  A promise made by a consortium of global scoundrels, criminals, gangsters, liars and thieves.  And what a shock it is to hear that they have broken their comments.

Banks today are on a preplanned course of obtaining as much U.S. real estate as they can.  It is a part of an even greater plan by powers not yet identified to transfer as much American wealth to a handful of elite.  We have already seen the evidence of this cash wealth transfer.  Now the real evidence of the fraudulent activities surrounding banks in their attempts to transfer real property to the same handful of elite is rearing its ugly head.

It is as if the Matt Taibbi’s description of Goldman Sachs as the Great Vampire Squid has spawned an entire underground cave full of  Vampire Squids with Goldman as the Mother Vampire Squid.

Yet with all of our lawmakers in Congress, our U.S. Attornely General and all the Attorneys General in the United States, the FBI, the FDIC as well as our Executive branch does absolutely nothing.  In fact, they all turn the other way.  They to must fear these Vampire Squids.

But not enough is ever said of those people, the real people, living, breathing human beings who have been and are affected by this rash of asset transfers.

The Huff Post – Reuters Report – does put a face on the story.

In its effort to seize the two-bedroom ranch house of 87-year-old Margery Gunter in this down-on-its-luck Florida town, OneWest Bank recently filed a court document that appears riddled with discrepancies. Mrs. Gunter, who has lived in the house for 40 years and gets around with the aid of a walker, stopped paying her loan back in 2009, her lawyer concedes. To foreclose, the bank submitted to the Collier County clerk’s office on March 3 a “mortgage assignment,” a document essential to proving who owns a mortgage once the original lender sells it off.

But OneWest’s paperwork is problematic. Among the snags: state law permits lenders to file to foreclose only if they already legally own a mortgage. Yet the key document establishing ownership wasn’t signed and officially recorded until months after OneWest filed to foreclose on Mrs. Gunter. OneWest declined to comment on the case.

Problematic??!!

I would say problematically illegal.  The question is who signed the “key document” and  what was that persons authority to do so?  Part of the Florida Statute says that an Assignment (proff of transfer of ownership) must be filed and recoded prior to the foreclosure action being filed by the Plaintiff.  Again, I am not a lawyer but I would have to say that this fact alone is a procedural casue for the action to be dismissed by the court.

With proof positive of wrong and illegal practices, still nothing is done by our courts or legal justice system.  It is as if many of our courts have gone over to the dark side.

Now in years gone by, in a time and space far far away- almost as if in another galaxy – banks would have always preferred to “work something out” with a homeowner rather then to take their home.  The old (real old) saying that banks did not want to own real estate is no longer true.  They do want to own real estate.  They want to own it all.

One of the industry’s top representatives admits that the federal settlements haven’t put a stop to questionable practices.

Some loan servicers “continue to cut corners,” said David Stevens, president of the Mortgage Bankers Association. Nearly all borrowers facing foreclosure are delinquent, he said, but “the real question is whether the servicer complied with all legal requirements.” The loss of a home is “the most critical time in a family’s life,” and if foreclosure paperwork is faulty homeowners should contest it. “Families should be using every opportunity they can to protect their rights.” (emphasis added)

From our mouths to the mouth of the President of the Mortgage Bankers Association.  “Families should be using every opportunity they can to protect their rights”.  Yes, we all do have rights.  Protecting our rights is an even bigger issue for the long run.  We must protect and preserve our rights if we expect our children and their children to live in a free Republic.

There are some in the judicial arena that are as concerned with the preservation of our rights as we are.  While not yet in the majority of judges we are seeing more and more taking a stand for justice against fraud and criminal behaviour of banks and the attorneys that represent them.

Increasingly, though, courts are holding that the trusts suing to foreclose don’t actually own the mortgages. Judges have ruled that foreclosing based on flawed or missing evidence violates longstanding laws meant to protect all Americans’ property rights. (emphasis added)

In a landmark decision in January, the Massachusetts Supreme Judicial Court overturned a foreclosure (emphasis added) because of a lack of proper documentation.

“The holder of an assigned mortgage needs to take care to ensure that his legal paperwork is in order,” wrote Justice Robert Cordry in a concurring opinion. “Although there was no apparent actual unfairness here to the (homeowners), that is not the point. Foreclosure is a powerful act with significant consequences, and Massachusetts law has always required that it proceed strictly in accord with the statutes that govern it.”

(U.S. Bank National Association, trustee, vs. Antonio Ibanez, 458 Mass. 637.)

Justice Robert Cordry is among the handful of judges in this country “who gets it”.  He joing the ranks of Federal Judge Boyko of Ohio who denied 17 cases for lack of standing and proper paperwork and Supreme Court Judge Schack of New York both of whom have been on the right side of justice since this crisis began.

We applaud these judges and the few others out there who “get it”.   There are others and we would love to hear about them from you.  If you have had a positive, legal experience let us know.  If you have know of judges and/or cases where they have ruled on the side of the law not on the side of fraudulent banks, trusts and servicing companies please let us know.

Please view the entire story from Reuters on the Huff Post…click here

NOTE:  Soon an important announcement from TheForeclosureDetonator.  We are gong to become proactive in the fight against illeal foreclosures.  Stay tuned.

Foreclosure Victims Plan Protests Across U.S.click here 

This is the action we need.  We need to show our lawmakers that we are serious about our rights.  Click on above to read more.  THIS IS IMPORTANT.

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An Attorney Answers … Who is holder of a note

Half million dollar house in Salinas, Californ...

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One of our readers – who  appears to be an Ohio attorney  well versed in foreclosure defense – offered a comment to which I replied and to which he again replied giving a more detailed explanation of  who is considered to be the holder of a promissory note therefore having the Standing to foreclose.

I feel this information is important enough to reprint these comments.  The information is important to all those who are facing and/or currently fighting foreclosure.

As this attorney states, it is always recommended that you seek the counsel of a qualified  – I stress qualified – foreclosure defense attorney.  While I understand that many of you facing foreclosure believe you cannot afford an attorney, I assure you that there are some out there whose fees are reasonable and affordable.

You will not often hear me say this, but if you are in foreclosure then you are not making mortgage payments or paying rent.  If you are evicted from your current home you will have to pay rent somewhere so use your diverted funds to fight for your rights and defend your foreclosure.

And to the many who have been so wiped out that eviction would mean absolute homelessness I encourage you to also look for an attorney who can help.  There are some out there that are willing to work Pro Bono (without fees). At the very least  represent yourself  Pro Se.  Learn what you can from blogs like this and the several others that are credible and offer sound advice and information.  Just answering your summons (in a judicial state) will buy you more time and time is what everyone needs.

Here now the comment conversation from the post Financial Turmoil Evokes Comparison to 2008 Crisis – NYTimes.com as posted on August 11, 2011:

On August 17, 2011 at 10:34 AM Ohio lawyer said: 

I disagree about ownership of the note being the only issue. Under the UCC, to be entitled to enforce the note, a person MUST be in possession of it (except when they can claim the note was lost, destroyed, etc.). In fact, a person in possession of a note endorsed in blank, even if they stole it, may enforce the note. Ownership is not necessary. Likewise, a person who “owns” the note may not enforce it unless they are also in possession of it. I was not sold on the “show-me-the-note” defense for a long time. But after briefing the issue several times in Ohio, I accepted its importance. Without actual possession of the note, a lender cannot prevail. I agree that standing is a major issue, but “ownership” is not the proper way of thinking about it.

  • On August 21, 2011 at 3:31 PM Larry Rubinoff said: |Edit This

    Thank you for your take on this very important subject. Since standing is a major issue and “”ownership” is not the proper way of thinking about it”, then what is the way to think about it.

    Possessing the note, as you say, endorsed in blank, gives the holder the right to foreclose. I was always under the impression that a mortgage note endorsed in blank is not like a bearer bond where anyone in possession of it can execute it. In other words, mortgage notes are not bearer bonds. What is your take on this?

    Of course, if a mortgage note is held by someone but has never been endorsed in blank then it is your argument that now the bearer does not have standing. If this is what you are saying, I must agree.

    On the issue of lost, stolen or destroyed, banks often use this as an argument and basically are using a “trust me your honor, I did have it at one time but it was lost, stolen or destroyed, therefore I should have the right to proceed with the foreclosure action”.

    Too many judges simply accept this from a bank because they are “the bank” and of course, banks don’t lie. Only one judge questioned this in the past asking the plaintiff which occurred.

    Was the note lost, stolen or destroyed? It could not have been all three and if you don’t know which it was then you probably did not have it. I believe it was now Supreme Court Judge Schack in New York who questioned and disallowed this argument.

    DISCLAIMER: i am not an attorney and my comments do not reflect legal advice in any way. My comments come purley from my research and experience in these matters.

    I do, very much, welcome comments from attorneys like the one I am responding to for their legal opinions. More dialogue like this can be of great assistance to our readers and the millions facing foreclosure.

    If you are an attorney and would like to publish your views and opinions here at TheForeclosureDetonator please contact me at lrubinoff@theforeclosuredetonator.org.

    • On August 21, 2011 at 10:50 PM Ohio Lawyer said: |Edit This

      The question is whether someone is a “person entitled to enforce” the note. This status is defined by the Uniform Commercial Code. Below are the relevant provisions of the U.C.C. as adopted in Ohio:
      UCC 3-301
      (A) “Person entitled to enforce” an instrument means any of the following persons:
      (1) The holder of the instrument;
      (2) A nonholder in possession of the instrument who has the rights of a holder;
      (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 1303.38 or division (D) of section 1303.58 of the Revised Code.
      (B) A person may be a “person entitled to enforce” the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
      A “holder” is defined in U.C.C. 3-301
      (T)(1) “Holder” with respect to a negotiable instrument means either of the following:
      (a) If the instrument is payable to bearer, a person who is in possession of the instrument;
      (b) If the instrument is payable to an identified person, the identified person when in possession of the instrument.

      These two provisions have to be read together to get the complete picture. Let’s go through each type of person listed in U.C.C. 3-301.

      1. Holder – is someone in possession of an instrument which is either payable to that person (i.e. initially made payable to that person, or payable to that person via a special endorsement) or payable to bearer (e.g. endorsed in blank). This person need not be be the “owner” of the instrument, and may be in wrongful possession of it. Under this provision a thief could be a person entitled to enforce the note. All he needs is possession of a note endorsed in blank.

      2. Non-holder with rights of a holder – To qualify under this provision a person must: (1) be in possession of the note, but it need not be order or bearer paper; and (2) the person must have been given the rights of a holder. How does someone get the rights of a holder without being a holder? A holder transfers possession to the person and also grants to that person rights through a separate document, but doesn’t get around to negotiating the note. For example, Bank A sells a group of notes to Bank B. The notes are physically transferred to Bank B, but are not endorsed. Bank A also executes a bill of sale acknowledging that it sold the notes to Bank B. Think of it as possession plus ownership without endorsement.

      3. Someone not in possession under certain circumstances: There are two possibilities here. The first in the “lost, stolen, or destroyed” note. We see that often in foreclosure cases. The bank has to submit evidence to the Court to prove it can enforce the lost note. The other circumstance is almost never seen so I won’t go into it.

      That’s it. Only three classes of people can sue on a promissory note. Aside from “lost note” cases, possession is required. After that you need either negotiation (payable to order or an endorsement in blank) or some other evidence that you are intended by the last holder to be the person to enforce the note.

      This framework addresses commercial paper in general. That said, there may be other restrictions on transfers of certain types of mortgage notes. For instance, an FHA note cannot be sold to just anybody. They can only be transferred to other FHA-approved lenders. Some have suggested that such FHA or VA regulations renders notes issued under their programs to be something other than negotiable instruments. I do not know much about those arguments, but want to caution people that generalities are just that – general. Every situation is different and must be evaluated on its own facts.

      I can’t emphasize that last point enough. It’s all well and good for people to know the law, but too many borrowers try to go it alone. Law is not viewed in a vacuum; it is applied to fact. Most of the time the fact is harder to come by than the law. I urge borrowers to find counsel to help them. Doing it yourself almost never turns out well.

      I agree, Judge Schack drew attention to these issues by asking the simple questions and demanding some proof. Now, judges everywhere are more likely to listen to a borrower who challenges broad assertions of standing. Currently, this issue is pending before the Ohio Supreme Court and will likely be decided late this year. You can see the briefing on the issues on the Court’s website. The case name is U.S. Bank v. Antoine Duvall, Case No. 2011-0218.

Thank you Ohio Lawyer for taking your valuable time to offer these comments and help educate our readers.

To all attorneys:  Feel free to send your information for publication to me at lurubinoff@TheForeclosureDetonator.org.  You can remain Anonymous, use a screen name or if you wish have your name, address and phone number published.  If you choose to use only your name or screen name, please let us know what state you are in or what state(s) you practice in.

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Robo Signers List

Wow.  Why have I not seen this before.  My better half just found it as is published on Scribd on April 1, 2011.  It is a long piece as it details a lot of information of individual Robo signers and Robo signing in general.  For example:

What is a robo-signer?
Robo-signers are mortgage lending company employees who prepared and signed off on foreclosures without reviewing them, as the law requires. Jeffrey Stephan, the GMAC employee who was the first identified as a robo-signer, has acknowledged in sworn deposition that he prepared 400 such foreclosures a day.The discovery of robo-signers could simply bethe tip of the iceberg. If so, more revelations could only increase the pressure on large banks.Their potential exposure to losses could skyrocket….

What·s the significance?
 The “robo-signing of affidavits and Assignments of Mortgage and all other mortgage foreclosure documents served to cover up the fact that loan servicers cannot demonstrate the facts required to conduct a lawful foreclosure.  If it turns out that robo-signers did indeed sign off on loans without review, they committed fraud by claiming knowledge of a financial matter of which they had no personal knowledge. It could also mean that some people are wrongly being evicted from their houses….
This excerpt warrants attention so I am creating the “bold” emphasis.
Briefly, Robo Signers are illegal because fraud cannot be the basis of clear title, trustee’s deeds following Robo Signed sales are void as a matter of law, notarization is a recording requirement for many of the documents, which we also know was often botched, and most importantly because robo signed falsifications ARE meant for use in court, including unlawful detainers and bankruptcy matters….

Clear Title May Not Derive From A Fraud(including a bona fide purchaser for value).  In the case of a fraudulent transaction the law is well settled.
This is a MUST HAVE document.

If you are an attorney and have not seen this it is a must have reference source.  It has links and information that can be vital to your defenses.

If you are an individual facing or in foreclosure, this document is a “must save” reference guide as it will give you information to help you find the fraud in your loan, assignments and foreclosure filings as well as other valuable information links, depositions etc., such as:
CONGRESSIONAL WRITTEN REPORT REGARDING
SECURITIZATION AND FRAUDCLOSURE OF NOVEMBER 18, 2010
click on title for link
It also provides a very long list of named Robo Signers giving who they worked for, who they signed for and what titles they used.
Here is just one example of what you will find:
Allen, Greg –
Greg ALLEN is an employee of Lender Processing Services
in Mendota Heights,Dakota County, MN.  He signs Mortgage Assignments as an officer of MERS, servicing companies, and lenders.  Allen often signs these Assignments to trusts years after the closing date of the trusts.  Allen frequently signs Assignments for mortgage companies that filed forbankruptcy years before the effective date of the Assignment. Deutsche Bank National Trust Company is one of the banks that frequently uses Assignments signed by Greg Allen to foreclose.   Greg Allen has signed Mortgage Assignments using the following titles:
Vice President, Mortgage Electronic Registration Systems, as nominee for American Home Mortgage Acceptance, Inc.;
Vice President, Mortgage Electronic Registration Systems, as nominee for Bayrock Mortgage Corp.;
Vice President, Mortgage Electronic Registration Systems, as nominee for CTXMortgage Co., LLC;
Vice President, Mortgage Electronic Registration Systems, as nominee for EMC Mortgage Corp.;
Vice President, Mortgage Electronic Registration Systems, as nominee for EQ Financial,Inc.;
Vice President, Mortgage Electronic Registration Systems, as nominee for FirstGuaranty Mortgage Corp.;
Vice President, Mortgage Electronic Registration Systems, as nominee for FranklinFinancial;
Vice President, Mortgage Electronic Registration Systems, as nominee for MaitlandMortgage Lending Company;
Vice President, Mortgage Electronic Registration Systems, as nominee for MortgageNetwork, Inc.;
Vice President, Mortgage Electronic Registration Systems, as nominee for PMC Lending; and
Vice President, Mortgage Electronic Registration Systems, as nominee for ValleyBank.
SEE full deposition -stopforeclosurefraud.com/2010/12/18/full-deposition-transcript-of-lps-greg-allenmers-is-live/

They list these Robo Signers alphabetically so it is easy for you to begin to verify some of the signatures in your documents.

THIS IS ONE POST YOU MUST PASS ON TO EVERYONE YOU KNOW.  It is without a doubt the most valuable post I have ever posted here on TheForeclosureDetonator.

Here now the link to the valuable reference guide courtesy of Scribd…click here

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The CBS 60 Minutes Clip You Must Watch…Exposing the fraud

60 Minutes (Australian TV program)

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For years now, many of us have been attempting to expose the fraud on the part of the banks and more recently on the part of many foreclosure mill law firms.  I for one, have been questioning how most judges around the country have just closed their eyes to the laws when they rule in favor of the banks.  With the exception of judges like Boyko of Ohio , Shack of New York and a very small handful of others the majority of our judicial system have chosen not to uphold the laws, take action for contempt of the law and even more important do nothing when there is obvious fraud on the courts.

CBS’s 60 Minutes has produced this segment, “The Next Housing Shock” which aired Sunday, April 3, 2011.  My previous post talked about it and linked you to the print version of the story.  Now, here is the actual video.

Forward this link to as many as you can.  We must join together to fight back against an illegal and ongoing criminal enterprise.  The banks and the lawyers that represent them must be punished for their illegal and criminal acts.  So must any judge who displays a blatant disregard for the laws they are sworn to uphold.  We must put the “just” back into justice.

Sorry: Embed did not work.  Please click here…for link to video clip

Here is the link to this TFD post to forward:

https://theforeclosuredetonator.wordpress.com/2011/04/09/the-cbs-60-min…you-must-watch/

Click Here…for google search entries on Judge Shack

 

More video on this story:

Since the late-70s, 60 Minutes' opening featur...

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Mortgage mess: Who really owns your mortgage?

Scott Pelley explains a bizarre aftershock of the U.S. financial collapse: An epidemic of forged and missing mortgage documents

Click here…To View Clip

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“Who Owns My Mortgage”…Demand To Know

Back in October, 2010, I posted an article “Who Owns My Mortgage…” in my other blog GoldmanSachs666.com.  As I was working on that blog earlier today, I was reminded that this one post had received the second most  comments of any other post in the history of GS666.  It was second only to Is Goldman Sachs Manipulating the Stock Market? – It Sure Looks Like It posted by Mike Morgan in April, 2009. shortly after he founded that site.  I acquired the site from him in October of 2009.

While that particular blog (called one of the top 10 Wall Street blogs you must bookmark now by the WSJ) – excuse the pat on the back – is mostly dedicated to exposing the  crimes, injustices and overall contol and power Goldman Sachs had over us and our government – I have taken the liberty of expanding the theme to include banking in general as well as the housing crisis.

Here is an excerpt from that post as well as the link to it.  Please enter your comments here or add to the ones already posted on the GoldmanSachs666 site.

The fight and battle continues.  Do not let “them” win.  This is our country ruled under our Constitution giving us our rights.  It is not up to the banksters to rule over us overriding the Constitution as well as all other laws be they local, state or federal.

Note: Anyone wishing to publish an article on GoldmanSachs666.com, please contact me by email: Larry@GoldmanSachs666.com.  I also have two related sites you will see links to on the main GS666 page.  Authors and contributors are needed there as well.  My FORUMS are meant to allow people to express themselves as well as reach out to continue the fight against those who want our homes, lives and next…our first born.

Who Owns My Mortgage Note…Demand To KNow

Editor’s Note: To all our GS666 readers.  The battle against big banks and The Too Big To Fail is just beginning.  We here at GS666 have been attempting to expose the truth thereby forcing resolutions for the many lawless injustices practiced by them.  In our departure from GS only material, we are and will be offering information and commentary on what will probably become the hottest topic since the beginning of this bank created scam on the world.  The evidence of fraud by banks and attorneys is reprehensible.  Our founder Mike Morgan thought so when he created this blog.  He believed in it and stood by his convictions as Goldman Sachs attempted to shut him up and shut this blog down.  Those of us who volunteered here and stood by him can now see some light at the end of a very large unjust tunnel.  We are proud to expand our horizons here at GS666.  After all, it is a fight for truth and freedom.

This email came to me from SEIU – Service Employees International Union – a union, who for the most part, supports “the people”.  I say, “for the most part” because there are times when I do disagree with them but as far as unions go, this is one of the better ones.

It includes a link to a web site that allows you to easily modify a letter to your bank and allows you to email it with a simple click of a button.

It has a very comprehensive list of banks and a link to go to if your bank is not included.  In addition, it provides a toll free number for each bank.

Read it all …including all comments…click here

 

Foreclosures Continue At B of A and GMAC

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No Foreclosure Problems at Bank of America? Don’t You Believe It
After a 16-day review of its foreclosures, Bank of America (BAC) has pronounced itself satisfied: It found no problems at all with any of them, and it’s ready to resume processing foreclosures.

Corruption at its’ best.  Bank of America last week announced that it would resume forecloseures in 23 of the 50 states they halted them in.  Curious at best – devious in reality.

B of A claims that in just under three weeks that they went through mountains of files – some which must be over 6 inches thick – and concluded that there are no problems in any of them.  The number of cases purportedly were over 120,000.  Who are they kidding?  Even their best “robo-signers” could not have gone through that many files and pages in that amount of time let alone inspected each file for missing documents or forged signatures.

In addition, why have they resumed foreclosures in onlly the 23 judicial states where they have to go to court to get their  foreclosures?  Why not, if paperwork is or is not proper, continue foreclosures in the 27 states where no court appearances or court rulings are required to foreclose?

My answer to this is simple.  They are testing the waters of our legal and judicial systme.  They are also testing the waters of our Federal and State governments.  They want to see how judges in the various states will rule now that the evidence has come to the forefront about improper documentation.  If  some judges rule in favor of the bank regardless of having proper files, documentation and following the states statutes and Rules of Civil Procedure, the banks can establish precedence using those cases to thwart the attempts to defend by other homeowners.

I also believe that the banks are fearful of an onslaught of law suites in the non judicial states by homeowners now realizing that they too can defend and fight their foreclosures.  Most homeowners in these non judicial states and some lawyers believe that there exists no course of legal action to fight a foreclosure.  They believe that all the bank needs to do is to post a notice of sale on their door and then sell their property at auction.

Of course, this is untrue.  For those of you who may still believe this, you too have the same rights and the same defenses as those who live in the judicial states.  The major difference is that in the judicial states it is the bank who files the lawsuit that you simpley defend.  In a non judicial state – it is you, the homeowner – who must file the action in your local court and pay th efiling frees to do so.  I think the banks now believe that many kow this.

So how bold is this action by two of the largest banks in the mortgage business?  Pretty bold, I would say.  To know that you are wrong and violating not only the laws but individuals legal rights as well is just plain unconscionable.  To be exposed as a fraud and a criminal knowing that your are Too Big To Fail and will not be allowed to, is even more criminal then the fraudulent actions taken by all the banks that created this crisis to begin with.

Keep in mind also that GMAC is still owned by US as in the U.S. Government – us vial our tax dollars used to bail them out.  In other words, our government allowed this fraud – creating the worst financial crisis in this country and the world ever – then used our money to enrich them some more (it was not a bailout it was a cover up) and now our government – in an attempt, I believe, to cover up the new found fraud – is siding with the banks thereby allowing them to continue their crime spree.

Wake up America!  Why are we standing for B of A and GMAC to continue these illegal actions.  In fact, why are we standing for any of the banks to continue to foreclose in any of the 50 states unless they can prove ownership of the mortage note via bonafide Assignments or sales recorded not with MERS but in the courthouses of each and every county.  Further we should insist that the banks prove all documentation of the mortgage and note are real, accurate and complete and that all the requirements of all the states statutes and Rules of Civil Procedure are followed.

Then, if the bank has the proper standing to take the action, can prove ownership of the mortgage note, provide an Affidavit as to actual amounts owes by a person who really has gone through the account and is personally familiar with the facts and details, they should be granted the foreclosure.  IF THEY CANNOT PROVE LEGAL STANDING TO TAKE THE ACITON, CAN NOT PROVIDE ALL THE REQUIRED DOCUMENTATION REQUIRED IN THE MORTGAGE FILE AND DO NOT ADHERE TO THE LAWS THEN THEY SHOULD BE DENIED THEIR RIGHTS TO FORECLOSURE…PERIOD.

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Who Owns My Mortgage Note…Demand To KNow


Click here to visit  WheresTheNote.comThis email came to me from SEIU – Service Employees International Union – a union, who for the most part, supports “the people”.  I say, “for the most part” because there are times when I do disagree with them but as far as unions go, this is one of the better ones.

It includes a link to a web site that allows you to easily modify a letter to your bank and allows you to email it with a simple click of a button.

It has a very comprehensive list of banks and a link to go to if your bank is not included.  In addition, it provides a toll free number for each bank.

There are two problems I find with this web site – www.wheresthenote.com.  The letter is addressed to “the bank” not the servicing company that actually is managing your account.  However, in many cases, your servicing company is owned by the bank addressed to.  You need to refer to your payment stubs or your payment book of coupons to see who you actually make your check payable to or if already in foreclsoure, who the named Plaintiff is.

The second problem I see here is in the body of the letter that you can and should modify.
The last paragraph of the letter reads:

To protect myself and my family, I need to know who owns my mortgage. Within thirty days, I would like to know the name, address, and phone number of the bank or investor that owns my mortgage. Furthermore, in light of the recent allegations of foreclosure fraud, I demand to see the original mortgage note proving ownership over my home loan. If you fail to produce a mortgage note proving that you have a right to collect my mortgage payments, I will be forced to consider all options available to me to ensure that my family and my home are protected.

The last, highlighted bold sentence is the one I don’t agree with.  This is why and I will bold my comment.

You are asking “the bank” – not necessarily your servicing company – to give you the name and address of the “true” owner of your note.  If your “bank” is not the “true” owner then it will not have, should not have and cannot produce the original note.  Second, if you are writing to your servicing company (that often have the name of the bank as part of their name) they never own your note and therefore should not have the original note in their possession.

Having possession of the note DOES NOT, I repeat, DOES NOT give them the right to collect your payments nor take any foreclosure action against you. You will have little defense if you stop making your payments to them or take any legal action against them for not providing a copy of the original.

If you want to insure that whoever you are writing to has the right to collect your payments you should ask them for a copy of their servicing agreement with the “true” owner of your note or at the very least that “portion” of the agreement that indicates their servicing rights.  They will not disclosue to you their entire agreement which would include their fees, etc

Here now the email:

Larry,
Click here to visit  WheresTheNote.comThe big banks’ BS is starting to catch up to them.

Last week, JPMorgan Chase announced they were halting foreclosures in 23 states. Turns out, the bankers in charge of approving the foreclosure paperwork weren’t even reading what they were signing. Now, one by one, foreclosures at America’s biggest banks are grinding to a halt. It’s gotten so bad, several states are taking the banks to court – calling for an immediate freeze on all foreclosures.

The banks created this mess, it’s on them to clean it up. You have a right to know if your mortgage is affected. If you’re a homeowner, will you send a letter to your bank and demand to see your original mortgage note? You can do it online in less than five minutes: http://www.wheresthenote.com

Wall Street has bought and sold our mortgages so many times, they’ve lost track of who owns what. And now they’re getting caught red handed. In one state, two banks tried to foreclose on the same home. In another state, BofA tried to take a house away from a man who’d never even had a mortgage. The more we learn, the worse it gets.

It’s time to pull the curtain all the way back. Demand to see YOUR mortgage note: http://www.wheresthenote.com

Banks are calling these “technical glitches.” These are more than technical glitches. These are monumental screw-ups that are forcing families out of their homes. The banks raise our rates and change our terms – and if we make one mistake, we pay with our homes.

Now it’s our turn to demand accountability from them. Visit http://www.wheresthenote.com and demand to see your mortgage note.

Thanks,
Stephen Lerner
SEIU.org

PS – Don’t have a mortgage? Pass this on to someone who does. Every single homeowner needs to know if their bank still holds their mortgage note.

SERVICE EMPLOYEES INTERNATIONAL UNION

Here now is my recommended version of this letter.  Pass this on to anyone and everyone you know.  The more email letters all the banks receive, the more they will begin to get the idea that we “do not trust” them and we will no longer allow them to operate with special exceptions to the law.  As I always have said and maintain, “THE LAW IS THE LAW FOR EVERYONE”.

To whom it may concern:

I own the property at the address listed above, and your bank services my mortgage.

Over the last several weeks there have been many stories documenting the problem that banks are foreclosing on homes without proof that they own the loan.  I have learned that in many cases, banks like yours do not even know who owns the loans you service.  Employees at several leading banks have admitted to rubber stamping tens of thousands of foreclosures every month, without even checking to make sure that the bank had a legal right to proceed with foreclosure.  In some cases, banks allegedly falsified mortgage documents to cover up their mistakes.  There have been reports of two banks trying to foreclose on the same home, banks foreclosing on homeowners who were current on their payments, and even of a bank foreclosing on a home where the homeowner had never taken out a mortgage to begin with.  This is not merely a “technical problem”–it is the difference between having a warm bed at night and being out on the street.

As a homeowner and a customer of your bank, I am horrified.  I had always believed that it I played by the rules, I would be protected, but now I know that banks like yours think the rules don’t apply to them.

To protect myself and my family, I need to know who owns my mortgage.  Within thirty days, I would like to know the name, address, and phone number of the bank or investor that owns my mortgage.  Furthermore, in light of the recent allegations of foreclosure fraud, I demand to see the original mortgage note proving ownership over my home loan.  I would like to see copies of all endorsements and assignments of my mortgage note and where and when the assingment(s) _if any – were recorded.  I also ask that you provide me with evidence of your firm being contractually retained to service my loan. (italics indicate added by LR)

If you fail to produce a mortgage note proving that you have a right to collect my mortgage payments, provide the information I am legally entitled to,  I will be forced to consider all options available to me to ensure that my family and my home are protected.
(italics indicate added by LR)

I ask that I receive my response in writing.

Thank you for your attention to this matter.

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It Begins: The Foreclosure Fight Tide Is Turning In Our Favor

Yes, for all these years, those of us who have been blogging to expose the wrongs and injustices placed upon us by the banks are finally seeing some daylight.  In the beginning no one really believed that banks could be so ruthless or so criminal.  In the beginning no one could believe that the attorneys representing these criminal enterprises would be capable of violating the very laws they are sworn to uphold by performing criminal acts themselves.

In the beginning no one could believe that judges would disregard the laws so blatantly that they are sworn to uphold – but they did and they are.  In the beginning no one could believe that our legislatures – county, state and federal – could be complicit of an entire legal system gone wild by supporting these criminal activities.

Now their Rocket Dockets are in jeopardy and hopefully will be shut down altogether.  Those retired judges brought back to dispense “injustice” under a mandate of clearing dockets will hopefully be sent back into retirement where they belong.

Now that this fraud at the end of the process has come to light, I am hopeful that all of the other frauds committed by the banks, lenders, Wall Street securitizers and all of their respective attorneys will also finally be prosecuted.

A lot must be said for those few in the legal profession – lawyers and judges alike who have over the past three years stood up for our rights,  for the law of the land and for justice.  They are too numerous to mention and I really don’t know who they all are.  Allow me to recognize just a few who are representative of the many across this nation who have fought back the giants and have not been afraid to speak the truth when representing their clients in our courts.

Bruce Harlan, Esq.

Mathew Weidner, Esq

Jeffrey Barnes, Esq

April Charney, Esq  0 The Dean of Foreclosure Defense

Neil Garfield, Esq 0 The Dean of Legal Reference on the topic of Foreclosure Defense in his LivingLies Blog

Federal Judge Boyco of Ohio

Superior Court Judge Shack of New York

Again I recognize that there are many more but these are the ones I am personally familiar with and they do represent a true blue slate of legal professionals around the country who still believe that this is still America and our Constitution still governs us.

Now how the State of Ohio is taking a proactive stand and fighting back.  They, I believe, are just the first of what I hope will be 49 more states along with our Federal Government who will begin to take real and meaningful action against the criminals who have functioned all to long under a protective cloud of criminal exception.  To these banksters I say;  “Your time has come.  Anything you say Will be used against you in a court of law.  Your “Get Out Of Jail Free Card” has expired.  You will be held accountable for all the misery and havoc you rained over the entire planet.

Here now the latest story from the Huffington Post

Ohio Attorney General Sues Ally financial Over Alleged Foreclsoure Fraud, First In A Possible Wave Of Lawsuits

WASHINGTON — Ohio’s attorney general is suing Ally Financial Inc. and its GMAC Mortgage division, alleging the company violated state fraud laws in handling foreclosure cases.

The action could be the first in a wave of lawsuits by state regulators over what appear to be widespread problems in documents used by the nation’s largest mortgage lenders.

Attorney General Richard Cordray said Wednesday the alleged fraud could involve hundreds of foreclosures in the state. The lawsuit claims the company’s employees signed and filed false affidavits to mislead courts. Cordray called the alleged fraud the “tip of an iceberg of industrywide abuse of the foreclosure process.”

A message left at Ally was not immediately returned.

Read the complete story…click here

Editor’s Note:

For those of you who know of other attorneys or judges that should be recognized for their efforts in the fight for justice against the banks by defending the nations people from wrongful and illegal foreclosure leave their name and location (city, state) in the comment section or email the info to me at:

lrubinoff@TheForeclosureDetonator.org.

I will start a page here on this site listing them all.  They deserve the recognition.

Also, other foreclosure defense blogs that have worked so tirelessly the past few years attempting to alert people to the fraud and injustice need also be recognized.  If you have a favorite foreclosure defense blog, send me their name and URL.  I will publish all of them on our side bar.

This is the beginning and all of our efforts are going to begin to pay off.  But most important, stopping this terrible tsunami of foreclosures, helping people stay in their homes is the most rewarding benefit of all this.

My one other hope is that this same awareness of foreclosure fraud will take hold in all of the Non Judicial states.  The same illegal activity exists there and the same injustice needs to be stopped.  This criminal enterprise by the banks MUST BE STOPPED.

I know I will stay with this effort until it is.  I will join forces with others as the opportunities arise.  There is strength in numbers.  We have all been duped, stripped of our wealth and our homes.  It is time we took back what was taken from us.

One Final Thought:

Stopping foreclosures and ending evictions – keeping people in their “homes” will begin to stabilized our housing markets and  our economy.  Working with people will win back the hearts and minds of our population.  An effort we seem to want to export in the Middle East but don’t want to practice here at home.

An occupied house is a well maintained house.  It creates a well maintained and more stable neighborhood which in turn stabilizes prices which begins to take us on a road to recovery which all the trillions of dollars of bailouts and stimulus programs did not and cannot accomplish and never will.

Our work has just begun.

Look at all the main stream media  (below) who have now begun to report on this .  Many of them have avoided the topic up until now.  The tide has begun to turn.

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A Judge’s Possible Conflict of Interest Ruling On An Important Foreclosure Issue

The question of illegal foreclosure by banks is a national issue but one that gets little attention in our courts.  One lawyer in Utah took on Bank of America and got a court ruling stopping BofA from continuing any foreclosures.  the Circuit Court ruled in Barlow’s favor and issued an injunction against BofA stopping their ability to foreclose in the state

BofA appealed in Federal court where Federal Judge Waddoups ruled in favor of BofA overturning the lower courts injunction.  However, ABC 4 in Salt Lake City, Utah began investigating the judge and found that he was previously with a law firm that represents Bank of America.  The judge, in fact, is still receiving a pension from that firm.

What I find interesting and encouraging is that Attorney John Christian Barlow, another lawyer that “gets it” had enough conviction to take on one of the Too Big’s.  His basis, which could be a basis in many other states, not only for BofA but for other banks as well, could lead to a halt of foreclosures.  The basis he argued was that Bank of America was not a registered business or corporation in the state therefore could not do business of any kind which includes taking legal actions such as foreclosure.

The practice of illegal foreclosures must stop.  This is just one more issue that needs to be addressed and upheld by “the law” not by a judge’s personal opinion.

We can’t print or publish the contents of this story from a Utah TV station but this is a link worth reading.

Conflict of Interest? ABC 4 investigates judges’ ties to Bank of America…click here

More Links To View:

Judge James L. Shumate Orders Halt to Bank of America Foreclosures in Utah From KCSG TV

Judge Shumate

Judge James L. Shumate

slideshow (St. George, UT) June 5, 2010 – A court order issued by Fifth District Court Judge James L. Shumate May 22, 2010 in St. George, Utah has stopped all foreclosure proceedings in the State of Utah by Bank of America Corporation; ReconTrust

Company, N.A; Home Loans Serving, LP; Bank of America, FSB;

Judge James L. Shumate:  Another judge that gets it and is not afraid to say so.

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Judge temporarily halts Bank of America’s foreclosures in Utah

Thu, 2010-06-10 10:30 — NationalMortgag…Utah Judge James L. Shumante has issued a court order to cease all foreclosure proceedings by Bank of America, ReconTrust Company, Bank of America Corporation and Home Loans Servicing LP. The lawsuit, filed by John Christian Barlow of St. George, Utah-based Envision Law Firm, claims that Bank of America is not in compliance with Utah Code 57-1-21(1)(a)(i) because Bank of America does not have offices in the state of Utah, therefore preventing borrowers from meeting face-to-face with their lenders to come to foreclosure resolutions.

“The defendant is not registered with the Utah Division of Corporations, and therefore, may not transact business in the state of Utah,” said Judge Shumante.  Read More...click here

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Amended Preliminary Injunction Order…click here

Application For Preliminary Injunction and Request For Hearing…click here

Attorney John Christian Barlow, Web Siteclick here

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Fighting Back…Is The Answer

It is important to fight your foreclosure, it can bring results.  This is a fight against a fraudulent system.  A banking system that commits fraud in most every case they file and the courts are beginning to pay attention.

Unfortunately, judges are human.  They know the law but are not schooled in the mortgage and banking system.  To them, when a bank says I own the note and mortgage the judge believes it.  You see, once upon a time, long, long ago, the banks and S&L’s that made you a loan did own it.  But with the U.S. Government of Fannie Mae and Freddie Mac that all changed.  These two Government Supervised Enterprises (GSE) began to “securitize” loans and sell these pooled packages on Wall Street.

Wall Street did not create the concept; they were on the “selling” part of it since the creation of GSE’s.  Wall Street just took the concept a step further to the brink of the abyss.  With trillions flowing they allowed it to go over the edge for all the while they were raking in trillions of dollars and still are.

The game was fast and furious and proper paperwork, documentation, legal procedures and good business practice all fell by the wayside.  Now they want to fraudulently recreate all that was missing or simply try to gloss over it in courts throughout the country.

Judges tend to believe that other lawyers (their brethren) and institutions as great and large as our banks would never lie in court.  On the surface it sounds right.  They made the loan and you are default on the loan.  Case closed.

Uh, uh! Case open not closed if you fight back.  The information is out there and has been publicized everywhere.  The article below from Michigan is yet another example of how homes were taken illegally but when the people fought back the people won.

The cases in Massachusetts and Kansas as well as many in New York all begin to show that when the people fight back and insist on the law being ruled on correctly, the people win.

Judges are beginning to get it.  It is up to us to keep them on their game and end the game of those banks who are committing fraud in our courts and against the American people.

Class action suits are an answer.  I have an idea that I will publish in a future post.  In the meantime, read the article below and FIGHT BACK.

Fight against foreclosures gaining momentum…click title to read full

h

Michigan, Kansas, Massachusetts cases set precedents

By Diane Bukowski
Michigan Citizen

DETROIT — Over 40 Wayne County homeowners have filed a $10 million class action lawsuit that could invalidate tens of thousands of mortgage foreclosure sales executed while Warren Evans was Sheriff

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